TEAR's for Family Continuity

Dear Mr. Paden,

First I'd like to say Happy New Year and I hope you had a wonderful time during the holidays.  I haven't heard from you lately and wasn't sure how you felt about the case and what your level of involvement will be for the upcoming trial.  Over the past 6 weeks or so I have educated myself as much as I could in regards to the Indian Child Welfare Act (ICWA) and how it related to my case.  I feel confident in the knowledge I have and the next step I will be taking.  Which is one of the main reasons I wanted to email you.

Since I spoke with you in November, I have been feeling confident because up until last week, everything seemed to be going well.  As far as transfer of attorneys and setting pre-trial and trial, all went as planned.  However, when I was finally able to meet with my new attorney last Tuesday (12/30/08) it turned out to be a disaster.  As I said before, I have spent every moment I have educating myself so I can fight for the return of my children. When I arrived to meet with my attorney, she had not looked over my case file at all.  In her file, she had one report and that was it.  The most recent report from the social worker Yong Ueda.  Not much information can be obtained from that report aside from the fact it is inaccurate and outdated.  I explained to my attorney I would be arguing that ICWA violations occured from the beginning.  Specifically notification requirements and active effort requirements.  I've provided you with a detailed list below.  She refused to represent me on ICWA violations even though they are valid reasons for which I have proof.  She said she would wait to speak with you and ICWA could not be argued unless you took jurisdiction of the case. I was fortunate to have my father with me during the meeting.  I explained to her that I would be pursuing the ICWA violations whether the Cherokee Nation would be pursing them or not.  I let her know this was my plan and if she was unwilling to represent me to please notify me so I could make other arrangements.  Again she said she'd let me know after she spoke with you.  She never contacted me and failed to return my call when I attempted to contact her again.

I arrived at court with my father at 8AM Monday morning.  While I was there I was very fortunate to meet with a Native American Child and Family advocate by the name of Jolene.  She took an interest in my case and although she had other cases for which she was there, she waited with me through the day gathering info from me in-between her other 2 cases.  When my case was finally called, she came into the courtroom and sat with my father.  When my case was finally called, I was very concerned because I had not spoken with my attorney and did not have a clue in regards to the status.  After all we were there for pre-trial which usually means any type of discovery and/or list of witnesses is to be provided to the court.  Apparently most aspects of the case where discussed before I was called in.  I was in the courtroom for no more than 2 minutes.  The trial date of January 13, 2009 was confirmed and I was present when they asked if you were missing any documents.  I attempted to let my attorney know I was not comfortable with the confirmation of the trial date because I didn't know if she would be representing me and what the plan of action was.  I asked my attorney to please come and speak with me.  She spoke with me in the lobby and my father and Jolene were with us also.  Again, she said she refused to represent me on ICWA and continued to say that ICWA did not apply to this case.  Jolene expressed to my attorney that she must represent me, that ICWA applied, and Jolene also asked that we set an appointment to organize the petitions and paperwork before trial on 1/13/09.  Again, my attorney refused to represent me regarding anything other than accepting guardianship and this time refused to make an appointment with me unless it was ONLY me.  My attorney argued with me that you (or a Cherokee Nation representative) were on the phone for each and every hearing from April 2006-April 2008.  I addressed the fact that in April 2008 (I'll have to check the dates but I believe approx. at that time) we were having trial and on the 3rd day of trial, after already declaring one mistrial by Referee Horton, a second mistrial was declared by Judge Petersen.  When we reconvined on that third day, Judge Petersen called you and appologized repeatedly for not following up on the tribes request to intervene.  The judge along with the department (CPS) took responsibility for losing the paperwork and not following procedures and timelines.  I remember you asked him if all active efforts had been made to prevent the break-up of the Indian family, and he said yes.  However, that is not true.  What he did not tell you was that we already had one trial, we just concluded another trial, and he did not tell you that since the removal of my children I was participating in services, each and everyday.  Doing every single service that they requested I do and more.  Also, that I had been doing it at the time my children were removed, that there was never a break in my treatment program, and that my children had been removed from my care improperly from the beginning.  It became very apparent to me and the attorney I had at that time, (privately retained Michael Borkowski) that Judge Petersen was not willing to allowing very important documentation into discovery.  This is when I realized I would need to educate myself because nobody was willing to really take a good look at the case.  I knew it was up to me to fight for the return of my children.  Since that time, I have learned I will need to address the ICWA violations by filing a "388 petition or a petition to invalidate".

Aside from the fact that information was concealed, misrepresented, and/or withheld; my son was removed for a different reason entirely than my first 3 children (9 months apart to be specific) and a seperate "investigation" was said to be conducted for his removal.  However, if a complete and thorough investigation was done, it would have been clear that they had no reason to place my son in protective custody and that he needed to be returned to my care.  At some point in time, the cases were combined to look as if they were 1 case with the same core issues.  I have included some information about methadone below that was written by John McCarthy, M.D. Executive/Medical Director, Bi-Valley Medical Clinic, Inc. (he also heads the pregnancy program at Bi-Valley [BVMC]).  The first three articles are most important, especially the article on Quantitative Urine Drug Monitoring (a type of urinalysis testing much more effective than the testing provided by Valley Toxicollogy [the contracted lab for Sacramento County]).  Also, I have faxed the most important documents which detail the Memorandum of Understanding (MOU) between Sacramento County Dept. of Health and Human Services (DHHS)/Child Protective Services (CPS) and BVMC.

The reason I am sending you these documents is to show you that BVMC is in fact a treatment facility that also provides medication management.  BVMC is well respected in the community and have the only pregnancy program for opiate-dependent patients in Sacramento County.

Below are 3 articles from Dr. McCarthy/Bi-Valley regarding MMT (Methadone Maintenance Treatment)
http://www.bi-valley.com/Articles/HighDoseMethadoneMaintenancePG.htm

http://www.bi-valley.com/Articles/QuantitativeUrineDrugMonitoringInMethadonePgs.pdf

http://www.bi-valley.com/Articles/CPS_Drug_Use_Dilemma2.htm


Opiates and the Brain presentation provided by Dr. McCarthy/Bi-Valley Medical Clinic (the following 2 links)
http://www.bi-valley.com/Files/BV_PostOpiatesBrain2005v2.pdf
http://www.bi-valley.com/Files/BV_PostOpiatesBrain2005.mht

Wow!  What a week!  Just when I think the worst is over...I'm proved wrong!  At this point I wonder if a "rock bottom" exists.  I am mentally exhausted and have been on the computer since 9AM trying desperately to escape this hole that won't seem to end.  I'm now going on 14 hours of computer time and that is dedicated only to my kids and my Non-Profit I'm trying desperately to get off the ground. 

In the midst of the never ending battle for my kiddos, I find out they are being moved down south! WHAT? Stopping me in my tracks having to refocus my attention on probate court custody battles.  The battle with whom? My sister! 

These court battles that have been going on for 3 1/2 years now preclude me from picking up the pieces because they litterly take my day and night, preparing my own defense because I can't afford another $6000 to retain a private attorney.  Let's face it...court appointed attorneys for the family court system are merely paper pushers who provide no real legal counsel let alone good advice.  So my life is filled with days and long nights at the law library preparing my own defense. Fighting for my babies, this I can handle.  It's a war I will fight to the death if need be and for which I will never surrender.  However, in the midst of this...I think I deserve an honory law degree! 

The other chaotic absurdities in my life which I attract with no honey, trust me!  A sudden blip on my credit report for $23,000...PLEASE GIVE ME A BREAK!  Now being billed at a monthly rate of $500.00 per month, per child is racking up at a rate I cannot possibly catch up with.  Surely the next bill I receive will probably be every other fee they stick me with in regards to this INVOLUNTARY child custody proceeding! Its clear that the driving force for Sacramento County seems to be money. However, this dual billing of parents for child support (also referred to as "double dipping") is yet another means for funding their inadequate, unaccountable, and corrupt policies.

Self-pity...a horrible trait that I normally don't have; but hey, what is normal in my life over the past 3 yrs? My daughter says it's for a greater purpose...and that's what keeps me going.  My kids, and the faith in my strength and determination that I will make it through because there is no other choice!  "Defeat your enemies with success!" (unknown).

"Action may not always bring happiness; but there is no happiness without action." ~Disraeli

Sacramento Superior Court judge faces judicial misconduct allegations - Sacramento News - Local and Breaking Sacramento News | Sacramento Bee

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***A LETTER WRITTEN TO THE INDIAN CHILD WELFARE ACT (ICWA) EXPERT WITNESS HIRED BY THE COUNTY OF SACRAMENTO, CPS - *IT SHOULD BE NOTED THAT WHEN DR. COWAN ARRIVED AT THE COURT TO GIVE EXPERT TESTIMONY AGAINST ME IT WAS THE 1ST TIME I HAVE EVERY SPOKEN WITH HER BESIDES THE CORRESPONDENCE BELOW.  AFTER SPEAKING IN DETAIL WITH DR. COWAN, SHE WOULD BE UNABLE TO PROVIDE ACCURATE TESTIMONY ON THAT DAY BECAUSE VITAL INFORMATION WAS WITHHELD FROM HER, ACCURATE CONTACT INFO WAS NOT GIVEN TO HER, AND FALSE STATEMENTS WERE MADE TO HER.  SHE NEEDED SOME TIME TO LOOK OVER THE NEW INFO IN ORDER TO PROVIDE AN ACCURATE RECOMMENDATION. IN THE END, DR. COWAN CHANGED HER TESTIMONY ADDRESSING COMPLIANCE ON MY PART AS TO THE COURTS' ORDERS. In my opinion, it reasonable to question why the Sacramento County CPS would need to lie or withhold exculpatory evidence...hide anything for that fact, if it is legitimate, honest, accurate information!

Dr. Geni Cowan,

My name is Heather Hoover and I currently have a CPS case that you will be providing expert testimony in and have already given a recommendation for.  If you can please contact me regarding your recommendation it would be much appreciated.  As you will see in the detailed email below, I have many concerns regarding your recommendation and the validity of the information provided to you.  When I contacted you in April 2008 I wanted to meet with you just to discuss the information you had and provide you with anything you may not have so that you could make an accurate recommendation.  However, your recommendation was not adopted by the court at that time so an appointment with you was never scheduled.  Recently it was brought to my attention that again you provided another recommendation.  Of course I have the same concerns I had last time, if not more.  I was disappointed to see you provided an updated recommendation and again, you did not attempt to speak with me.  Especially since I had previously contacted you about my concerns.

I just want to let you know that I live this case everyday of my life.  I have educated myself about ICWA and have submersed myself in anything and everything that will help me in the fight to get my kids back.  I refuse to sit back and "settle" with the fact that its too late, I can't go back, and that I should be happy with the fact they are offering me guardianship.  That I should take it because most people involved in "the system" with young children usually have their parental rights terminated already and their children already adopted. No! I refuse to be content with that because the bottom line is my children never should have been removed in the first place.  Which I understand you probably hear on a consistent basis.  The difference between me and the "norm" is that I have proof to back up everything I have to say.  At the same time, I don't expect anyone to believe anything I am saying without the proof to back it up.

I'd also like to let you know, that currently I am to address the fact that ICWA has not been complied with on many levels.  Since compliance with the ICWA is what you are addressing in your recommendation and expert testimony, in order for you to provide expert testimony, it is vital for you to contact me to obtain all of the information and documentation.

Below is a copy of the original email I sent to you on April 16, 2008:




Dr. Geni Cowan,

My name is Heather Hoover and I am writing to you in regards to Case# 1561651: HOOVER

I just received a copy of your report and recommendation today at the Contested Permanency Review Hearing.  I was very concerned as to the "facts" and "details" included in your recommendation.  I was unaware that you were trying to get a hold of me and I would have been more than happy to speak with you and provide you any information you needed.  My telephone number or address has not changed within the past year and the social worker, Sandra Gomez, should have provided you with that accurate information. 

I don't know you at all, but I'm sure that your best interest is helping families/children.  With that in mind, I'm guessing that when you are asked to assess a situation and provide a recommendation, you only want accurate and complete honest information.  Keeping that in mind, I wanted to tell you that almost all of the statements that you made and/or quoted are false, inaccurate, and I'd go so far to say, blatant lies.  I have proof to dispute 99% of the statements you made and I believe that the entire report/recommendation you provided to the court were based on fictitious investigations, interviews, and reports provide to you by the Department of Health and Human Services (DHHS).  More specifically Child Protective Services (CPS) and Sandra Gomez, Reunification/Human Services Social Worker, CPS.  I'm not aware who provided you with my contact information, but as I said above, my contact information for the last year has remained the same.  I can be reached through my home number, cell number, my home address, my email address, and if you still can't reach me, there are also alternate means as listed below:

Michael Borkowski (my attorney) - Office, Cell, Email, Mailing Address
Ron Dawson (my father) - Home, Cell, Mailing Address, Physical Address
Linda Dawson (my mother) - Home, Cell, Work, Physical and/or Mailing Address
Krista Dawson/Janell DeAngelis (my sister and her partner) - Home, Cell, Work, Physical/Mailing Address, Email
Bi-Valley Medical Clinic (my current SUBSTANCE ABUSE TREATMENT PROVIDER - I've been a patient there since May 29, 2004 - I have never been discharged from Bi-Valley Medical Center in the 3 years and 10 months I have been there). - Bi-Valley's Main Number, my counselor, Dr. McCarthy, email, physical address.

I believe the fault in the misrepresentation you received is not your own. However, I hope now that you are aware of the situation, you would please contact me so I can give you the information you need to know to make a correct, honest, and un-biased recommendation.

I look forward to hearing from you and thank you for your time.

Thank You,
Heather Hoover

My name is Heather, 29 yr.old mother of 4 (ages 12, 10, 3, 1) - I live in Citrus Heights and have resided in Sacramento county for almost 9 yrs. Please note that I have no prior history with CPS, and before this occured, my parenting abilities have never been questioned. I have a lot to say, but the following info below is the core.

A 2 1/2yr. battle w/ CPS (Dept. of Health & Human Services - Sacramento County) that seems to have no end in sight. January 4, 2006 my children were removed and placed in protective custody. Their allegations were substance abuse and domestic violence. 8 pm-a knock at my door, a social worker and 2 officers   coming to take my children. WHY? No investigation was done! I remained calm for my kids, they didn't need to see the breakdown I was having internally. I told them not to worry, I would fix tomorrow morning. I meant it! I had every reason to believe I could clear it up. I was already in a outpatient treatment facility (Bi-Valley Medical Clinic - BVMC). In fact, BVMC had pertinent information that could clear it up immediately. I was drug tested on a random basis, I received weekly counseling w/ a MFT, I participated in a perinatal group program once a week, and was evaluated and treated by the psychologist for anxiety spectrum disorder. BVMC had a lot of info that could specifically address the concerns CPS had. Specifically the history of random drug screening I submitted to. However, CPS refused to accept valuable information from BVMC. Actually, they were unwilling to communicate with BVMC at any time. I was shuffled in and out of family court blindly, w/o direction or understanding of anything that was occuring. For fear that I would lose my children permanently, I tried to do whatever it was that CPS was requesting. So, w/o any proof of their allegations, I was ordered into substance abuse treatment. Keep in mind I was still in treatment at BVMC, still participating in all the services I described above. According to CPS, BVMC is not a substance abuse program, they ONLY provide medication maintence. Not acceptable to CPS. But heres the thing; BVMC and CPS/DHHS actually have a MOU, "creating a working relationship" among the two parties. In fact, protocol was established outlining any CPS issues related to BVMC patients. 9 months after my kids were taken, my husband and I had another baby. I was pregnant before my kids were removed. I knew they could not taken my son "Just because" my other kids were taken. Neither me, or my son tested positive for illegal drugs. However, I was on methadone maintence during my pregnancy. Well, they took my son too! Severe neglect ONLY pertaining to methadone. This issue, also addressed in the MOU mentioned above. I'd like to say, that my children are my world. My husband and I have been married for 13 yrs, he is the father of all of my children. I have never been arrested, in trouble for drugs, I worked for the state of CA and left that job to be at home with my kids. I was my daughters' Girl Scout leader, I did the reading program at their school as well. My ultimate goal was to home school them. They were my life, and my life has been torn apart. In 2002 I became dependent on vicodin as a result of surgery. In 2004 I found out I was pregnant. I wanted off the vicodin NOW, but I needed help. W/ my husbands support, we spoke w/ the doctor to discuss the options. He made it very clear that abruptly stopping was dangerous and would risk miscarriage or premature delivery. He advised to continue taking the vicodin and he'd look into area programs. He referred me to BVMC because they have a pregnancy program. I didn't want to get on methadone, but there was no other safe option. I enrolled and was educated on methadone. It was very safe to take while pregnant and supress withdrawl which is dangerous for the baby. In addition, I could breastfeed while on methadone w/o it passing to the baby through breastmilk. I was advised that the baby may have withdrawl at birth, and the severity of the withdrawl, if any, was not influenced by the dose the mother is taking. I am actually a perfect example of that. I delivered my daughter at 120 mgs. and she was healthy and had no withdrawl. When I delivered my son, I was taking 80 mgs, and he did have withdrawl.

Bottom line, CPS will not return my children to my care because I would not participate in a program. In addition, my son was taken specifically because of the methadone  Its very clear to me, that CPS will do whatever it takes to prove them right. There is no factual basis to anything they report. There is no due process, no rationale.

I could go on and on. This has taken control over my life since the day they were taken. I missed 2 1/2 yrs with my kids that I'll never get back. My oldest daughters transformation from girl to teen, when she needs me the most. My newborn son, and all of his firsts I missed. Holidays when I was not allowed to visit with my children. The worst part is the trauma my kids have had to endure. Life for my family will never be the same, never. I will never forget the fear, the terror in my daughters eyes when we opened the door that night.

I'm not sure if you can help or point me in the right direction. My goal is to make this public, to expose the damage that has been done by an organization meant to protect children. An organization that has destroyed my children!

Letter to M. Lundstrom from the Sacramento Bee attempting to correspond with her regarding my experience with CPS. I have contacted M. Lundstrom several times but it seems that the Sacramento Bee is bias in their reporting and unwilling to address ALL of the issues regarding Sacramento County CPS and the family court system.

I'm writing to you in regards to your investigation of Sacramento County Child Protective Services (CPS). Your investigation and follow-up is extremely valuable to expose the corruption from within CPS. Sacramento CPS has "bent" the policy and function of the agency so often, that they believe they can do whatever they want, whenever they want, and it's ok because it's in the "best interest of the child". They have no shame when they are confronted with violations on their part, even when they are blatantly obvious. Changing documents, ommitting vital information, and cover-up for prior social workers and their "investigations" happen more frequently than many are willing to admit. I have first hand knowledge of CPS and their corruption because I have been fighting with them for 3 years now.

The so called "investigations" conducted by CPS go far beyond the children that are returned to unsafe homes with their lives at risk. They cannot conduct investiagations at any level. If CPS makes a visit to a home because of a report, an investigation should follow. However, in my case, one never occured. Here I am, 3 years later, fighting the system for my children back when they never should have been taken in the first place. I had no CPS history, criminal history, and provided them with more than enough info to prove my innocence. Not one time, was I able to provide that information. It was omitted from documentation, and along the way encounter several "altered" documents covering up for other social workers who did not do their job properly. It is a very important issue that puts children in the system when there is no need to. Which in turn, creates more cases and more work for CPS when their focus needs to be on children in real danger and literal life or death situations.

I'm sure in your investigation, you found a lot of these situations. There has also been investigations of the "system" that come to the same conclusion. I'm not sure if you are familiar with the investigation conducted by the Blue Ribbon Commision. They too concluded that the system is loaded with children that never needed to be removed in the first place. Another investigation of Sacramento County CPS found the same issue. In addition to some findings that discussed CPS inability to admit their mistakes when they are wrong. Children being improperly removed are among those findings.

A local man by the name Don Lyons wrote a book called WARNING! The Truth About Child Protective Services and the Staggering Impact on Society.  If you have not done so already, I reccommend that you do read it.  It provides detailed info about his experiences with "the system".  I'm sure you already know that what he describes in his book are daily happenings, "business as usual" for Sacramento County CPS. Almost everything he encountered in "the system" are almost identical to my experiences.  Something I did learn while reading his book was the responsibility of the judges/referees/court system.

*Read the article titled "COURT FILE DETAILS CPS 'VENDETTA'" at the link below*
http://www.sacbee.com/ourregion/story/1792879.html

To Whom It May Concern,

I'm contacting you today in hopes that you will help me get my children returned to me. My children are my life, my air, they are my everything. I've been battling a CPS case here in California for almost 3 years now. My children belong with me, in my care, the best possible place for them to be. The strong family bond we once had is broken. The stability they once knew has been unnecessarily disrupted for almost 3 years now (35 months to be specific). So I'm contacting you out of pure desperation.

My children were taken from my home for unfounded allegations. No investigation was done and what has transpired since January 2, 2006 can only be described as a chaotic nightmare. My case was unique because I had proof that their allegations were false. I had documentation, letters of treating physicians, and released any and all records I had to prove my innocence. The night my children were removed, I remained calm in the presence of my children and told them there must be some mistake. I also told my children that it would be cleared up the following morning and try not to worry. I told them that because that is what I honestly believed. However, I was shuffled through the system, not understanding that I didn't have a prayer. All documention I had was never looked at. In fact, I was never given the opportunity to discuss it with anyone. My children were removed January 2, 2006, a detention hearing never occured. In fact, the jusris/dispo hearing was not held until January 31, 2006 (29 days later). At that hearing, I brought my proof of innocence, as I said above, nobody would even look at the documentation I had. In fact, nobody would even allow me to discuss it with them. The first meeting I had with my court-appointed attorney occured 5 minutes before we were called in by the judge.

At some point in time, Sacramento County CPS contacted the Cherokee Nation for expert testimony and recommendation. A recommendation was provided to CPS and the court from the Cherokee Nation without ever speaking to me, my children, my family, or anyone else associated with the case. In fact, I was unaware the Cherokee Nation was even involved until I went to court and received the report from the social worker with the recommendation attached. I said to myself several times, how could something like this happen? I now know the answer. It is clear that Sacramento County CPS provided you inaccuate, biased information. I believe they only provided documentation to support their view. I believe they lied to you, omitted vital information, did not provide accurate contact information for all parties involved, and mislead you when they said "reasonable efforts" where made to prevent the break-up of the indian family.

I am coming up on my 3 year anniversary since my children were removed from my home. By anniversary I mean: chaos, corruption, a nightmare I can't escape, lies, cover-ups, and there are far too many issues for me to list at the moment.

The lessons I have learned about "the system" and how it is meant to punish the guilty and free the innocent is pure BS the moment you step into the family courthouse .When I say "the system" I am referring to Sacramento County, DHHS; CPS; along with the family law system. I am only familiar with CPS and how they run their game!

BY THE WAY - Never just go out and hire a lawyer that you have not sat down and spoken extensively with. My personal opinion would be at least an hour and a half, which is great; but if you are able to consult with the attorney for longer DO IT!!!! Secondly, make sure to check with the CA State Bar Association (Attorney Search). This is very easy to do and I wish I had been wiser...my family wouldn't be out $6500.00 at this point in time. We had M. Borkowski out of Sacramento, CA. I really shouldn't discuss that issue for right now. But, like I said, make sure you are involved, honest, and willing to be upfront with ALL in order to have successful representation.

*I am not an attorney, and the info I have written about above is my opinion and nothing more. Please make sure you consult with an attorney or seek legal help before making any decisions regarding your children.

**Also, the "paper attorneys" that are appointed counsel for each parent, DO NOT have time to hear explanations, review proof, and will undoubtedly try to rush you through the court system because "complying" is the quickest way to children returned to their parents! HAHA! That is just more BS flying out of their mouths to shut you up, run you through each "station" as I prefer to call it. Without fail, 5 minutes into to a conversation with your attorney your case will be called and your attorney knows nothing about you, your kids, your situation, and most importantly...the truth! For real, does "the system" actually believe there is a chance on Earth a parent can get a fair hearing or trial? You know the answer to that.

A protocol of sorts needs to be provided to parents immediately after the removal of their children. Forthcoming will be a blog of links to ensure you evoke all of your rights when dealing with "they system". I realize that there are parents that are guilty of the allegations brought forth against them and for those parents that are involved and trying to turn their lives around, more power to them. Just remember, you can do everything they ask you to do, whenever they ask you to, be fully compliant, go to DDC for 6 months instead of 3, have always been compliant, and complete the program with flying colors...AFTER EVERYTHING YOU DID, WHICH WAS EXACTLY WHAT THEY WANTED YOU TO DO, they inform you that they STILL want to terminate your parental rights. And YES they can do it, they did so to my ex-husband.

I'm out for 2nite! God Bless and have a wonderful evening!
2 my kiddos ~ I GIVE YOU ALLLLLL MY LOVE!!!!!!